Pros & Cons of Divorce Mediation

If you have recently filed for divorce or your spouse has recently served you with divorce papers, you might be dreading the idea of protracted, costly, and adversarial court battles. While this image is the reality for many divorcing couples in Michigan, it does not always need to be this way.

Mediation offers a more efficient, collaborative, and cost-effective means of getting through the challenging divorce process for couples who wish to dissolve their marriage. Understanding the pros and cons of divorce mediation can help you feel confident as you take steps toward the next phase of your life.

How Does Divorce Mediation Work in Michigan?

Michigan allows divorcing couples to forgo the formal court process and resolve their disputes via mediation. The spouses and their legal teams begin the process by choosing a mediator. Alternatively, the court can appoint one on their behalf via the Michigan Courts Office of Dispute Resolution. Both sides will bring a list of disputed issues to the proceeding. These may include:

• Child custody
• Child visitation
• Child support
• Alimony
• Division of marital property
• Legal fees

The mediator will speak to the spouses about each of these issues, both together and individually. Mediation aims to reach a creative compromise through respectful communication between the two sides. If the spouses find common ground, they can include the details of their agreement in a document their attorneys can file as a judgment of divorce in court.

If the parties cannot agree, they will return to court, where a judge will rule on the contested areas.

Do I Need a Lawyer for Divorce Mediation?

Having an experienced divorce lawyer by your side during mediation is essential to protecting your rights. Although mediation is less adversarial than courtroom proceedings, unrepresented spouses can quickly lose a lot of ground. 

Benefits of Mediation

Mediation offers several potential advantages for divorcing spouses:

• Faster and less expensive – Mediation sessions can be scheduled at the parties’ convenience, while court cases follow the judge’s calendar.
• Promotes compromise and cooperation – This can be especially helpful when children are involved, as it sets a tone for working together as co-parents.
• Control over the outcome – Mediation empowers spouses to craft their own resolution rather than having solutions imposed by a judge.
• Allows privacy – Unlike courtroom proceedings, mediation sessions are confidential and conducted behind closed doors.
• May reduce stress – Mediation is generally less adversarial, allowing parties to part on more amicable terms. 

Mediation is not the best solution for all couples, however. 

Drawbacks of Mediation

While advantageous for many couples, mediation also has some potential downsides:

• Lack of advocacy – Mediators are neutral and do not provide legal advice. Some spouses may concede too much without attorney representation.
• Power imbalances – When one spouse is more assertive or aggressive, they may dominate the process at the expense of their partner.
• Non-binding agreements – If parties cannot reach a mediated settlement, they must start over in court, adding time and extra expense.

While these factors may deter some people from attempting mediation, hiring an experienced attorney can overcome these drawbacks.

Contact Our Traverse City Divorce Attorneys to Learn More About Mediation

Are you considering mediation as a helpful way to reach an agreement in your divorce proceedings? The Traverse City divorce attorneys at Alward Fisher can advocate for your best interests every step of the way. Our team includes a certified divorce mediator who can help you understand the process thoroughly. Contact our team today for a confidential consultation to learn more about how we can help you.